What Is the Average Motorcycle Injury Settlement in California?

If you are involved in a motorcycle accident in California, you can sustain serious injuries, psychological trauma, and financial hardship. Depending on the circumstances surrounding your accident, however, you may be eligible for financial compensation through a personal injury claim or lawsuit. In these situations, you may wonder how much your settlement will be. Since compensation in motorcycle injury claims varies based on your individual losses, however, calculating the average settlement can be a challenge.

Damages Available to Motorcycle Accident Victims

California is a fault accident state, meaning that drivers who are responsible for any collisions must pay for their victims’ damages. These victims may include other drivers, passengers, pedestrians, and motorcyclists. If someone else caused your crash, you could file an insurance claim or personal injury lawsuit against him or her.

Through these claims, you can recover compensation for the economic and non-economic damages you sustained, including the following.

• Past and future medical expenses
• Lost wages and loss of future earnings
• Property damage, including motorcycle repairs
• Disability accommodations
• Mobility equipment
• Physical and emotional pain and suffering

Factors That Influence the Value of a Motorcycle Accident Claim

Damages in motorcycle accident cases are highly individual and based on the circumstances you sustained during the accident. As a result, it can be difficult to estimate the value of your claim without speaking to an attorney. However, certain factors may influence the value of your claim.

If you sustain serious, debilitating injuries in an accident, you can expect a higher award than if you sustained minor injuries. The more severe your injuries, the higher your medical costs will be and the longer you will spend away from work. You may also require long-term care, be unable to return to your previous position, and need disability accommodations, such as rehabilitation or live-in care. Your pain and suffering damages will likely be higher if you have a catastrophic or life-altering injury, which may also increase your award.

Additional factors that could impact your claim value include the following.

• A long recovery period: The longer time you spend away from work, the higher the lost wages portion of your settlement will be. Additionally, some insurance companies use the number of days you are incapacitated to calculate your pain and suffering damages. A longer recovery period will yield a higher pain and suffering award in this situation.

• Insurance policy limits: California law requires drivers to hold minimum amounts of liability insurance. When you file a claim, you are only eligible to recover compensation up to the driver’s policy limits. If your damages exceed these limits, your attorney may recommend pursuing a personal injury lawsuit.

• Shared liability: If the court or insurance company believes you are partially responsible for the accident, you may see a lower settlement. The insurance company could use shared liability to deny or reduce your claim. In a lawsuit, California’s comparative negligence laws will reduce the amount of compensation you receive by the percentage of liability the court assigns to you.

When you are filing a motorcycle accident claim, it is important to enter the process with an accurate estimate of your damages. A San Francisco motorcycle accident attorney can help you calculate the full extent of your losses and evaluate any settlement offers you receive, helping you avoid an insufficient settlement. Your lawyer can also defend you against accusations of shared liability, protecting your right to maximum compensation. As soon as possible following your collision, contact a California motorcycle accident attorney to discuss your legal options.